68 Intellectual Property Act, No.

36 of 2003

Rights derived 87. (1) Where a person at the filing date or, where
from prior
applicable, the priority date, of the patent application—
manufacture or
use.
(a) was in good faith making the product or using the
process in Sri Lanka which is the subject of the
invention claimed in such application ;

(b) had in good faith made serious preparations in Sri

Lanka towards the making of the product or using
the process referred to in paragraph (a),

he shall have the right, despite the grant of the patent, to

exploit the patented invention :

Provided that the product in question is made, or the

process in question is used by the said person in Sri Lanka :

Provided further, if the invention was disclosed under

circumstances referred to in paragraph (a) or (b) of subsection
(3) of section 64, he may prove, that his knowledge of the
invention was not as a result of such disclosure.

(2) The right referred to in subsection (1) shall not be

assigned or transmitted except as part of the business of the
person concerned.

(3) The provisions of this section shall not affect the

rights of any person to object to the grant of a patent on the
ground that such invention is not patendable under sections
63, 64, 65 and 66 of the Act, or to seek relief under sections
68 and 99 of the Act.

CHAPTER XVI

ASSIGNMENT AND TRANSMISSION OF PATENT APPLICATIONS AND

PATENTS

Assignment and 88. (1) A patent application or patent may be assigned

transmission of or transmitted and such assignment or transmission shall be
patent applications
and patents.
in writing signed by or on behalf of the contracting parties.
 Intellectual Property Act, No. 36 of 2003 69

(2) Any person becoming entitled by assignment or

transmission to a patent application or patent may apply to
the Director-General in the prescribed manner to have such
assignment or transmission recorded in the register.
(3) No such assignment or transmission shall be
recorded in the register unless the prescribed fee has been
paid to the Director-General.
(4) No such assignment or transmission shall have effect
against third parties unless so recorded in the register.

89. In the absence of any agreement to the contrary Joint ownership of

between the parties, joint owners of a patent application or patent applications
or patents.
patent may, separately, assign or transmit their rights in the
patent application or patent, exploit the patented invention
and take action against any person exploiting the patented
invention without their consent, but may only jointly
withdraw the patent application, surrender the patent or
conclude a licence contract.

CHAPTER XVII

LICENCE CONTRACTS

90. For the purposes of this Part licence contract means Interpretation.
any contract by which the owner of a patent (hereinafter
referred to as “the licensor”) grants to another person or
enterprise (hereinafter referred to as the “the licensee”) a
licence to do all or any of the acts referred to in paragraph
(a) of subsection (1) and subsection (3) of section 84.

91. (1) A licence contract shall be in writing signed by Form and record
or on behalf of the contracting parties. of licence
contract.
(2) Upon a request in writing signed by or on behalf of
the contracting parties, the Director-General shall, on
payment of the prescribed fee, record in the register such
particulars relating to the contract as the parties thereto might
wish to have so recorded :
Provided that the parties shall not be required to disclose
or have recorded any other particulars relating to the said
contract.